AP Government 2.8-The Judicial Branch

Which of the following best reflects a function of the Supreme Court in Article III of the Constitution?

• To interpret the constitutionality of laws passed by Congress

• To adjudicate disputes between the president and Congress

• To overturn legislation passed by the state legislatures

• To serve as the highest court of appeals

Answer explanation

If you think it's A, it is not. That refers to judicial review which is not mentioned in the Constitution. That was a practice started by Marbury v. Madison (1803).

In The Federalist 78, Alexander Hamilton argued that the federal judiciary “is beyond comparison the weakest of the three departments of power.” Which of the following statements represents a reason he gave for this argument?

• It has the power of the sword and the power of judgment but lacks the power of the purse.

• Each branch must be given the ability to defend its power and check the others.

• The federal government is further from the people and thus less accountable.

• It must depend on the executive for enforcement of its decisions.

The Federalist No. 78 says, “A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular act proceeding from the legislative body.”

In which of the following decisions did the Supreme Court use an argument most similar to the one in The Federalist No. 78 ?

• McCulloch v. Maryland (1819)

• Schenck v. United States (1919)

• Brown v. Board of Education of Topeka (1954)

• Marbury v. Madison (1803)

In The Federalist 78, Alexander Hamilton states, “A constitution is, in fact, and must be regarded by the judges, as a fundamental law. It therefore belongs to them to ascertain its meaning.” Which of the following Supreme Court cases is most relevant to this statement?

• Baker v. Carr (1962)

• Marbury v. Madison (1803)

• Shaw v. Reno (1993)

• McCulloch v. Maryland (1819)

Which of the following describes the origin of the United States court system presented in the diagram?

• Article II of the Constitution established the three-tiered court system and the jurisdiction of each court in each tier.

• McCulloch v. Maryland (1819) allowed the Supreme Court to establish other federal courts.

• Article III of the Constitution established a Supreme Court, while other federal courts were established by Congress.

• Marbury v. Madison (1803) allowed Congress to create other federal courts.

Which of the following statements best explains the diagram?

• The United States District Court is the starting place for all cases going to the United States Supreme Court.

• State supreme courts have the final say in all cases arising in the states.

• Cases arising at both the state and federal level may be appealed to the United States Supreme Court.

• The number of federal courts is greater than the number of state courts.

Which of the following sections of the United States Constitution is most related to the case Marbury v. Madison (1803) ?

• Article I

• Article III

• First Amendment

• Fifth Amendment

The Supreme Court’s decision in Marbury v. Madison (1803) relates to foundational documents in which of the following ways?

• The Tenth Amendment to the Constitution reserves powers to the states, and Marbury v. Madison deals with whether the Supreme Court has appellate jurisdiction over state courts.

• The Declaration of Independence describes circumstances in which people may demand a redress of grievances, and Marbury v. Madison is about whether courts can resolve these crises.

• The Federalist 10 describes how the expanded scope of the national government can alleviate the problems of factions, and Marbury v. Madison uses the national government to negotiate a compromise between two rival factions.

• The Federalist 78 is about the power and role of the federal courts, and in Marbury v. Madison, Madison expands that role by giving the courts the power to determine whether laws or executive actions conflict with the Constitution.

In which of the following ways could the president try to limit the impact of a Supreme Court decision?

• Calling for the removal of the Supreme Court justices

• Instructing the Department of Justice to not enforce a provision of the decision

• Passing legislation that overrides the Court's opinion

• Changing the jurisdiction of the Supreme Court

“If, therefore, the legislature pass any laws, inconsistent with the sense the judges put upon the constitution, they will declare it void; and therefore in this respect their power is superior to that of the legislature.”

Brutus 15

Which of the following cases is most related to the quote?

• Marbury v. Madison (1803)

• McCulloch v. Maryland (1819)

• McDonald v. Chicago (2010)

• United States v. Lopez (1995)